The Sunnyside Valley Irrigation District operated underground storage tanks at its Grandview Yard, with the most recent tanks installed in 1985 and removed on April 13, 1994. Earlier USTs had been in use at the site prior to the 1985 installation and were removed without sampling or remediation. During the 1994 tank removal, groundwater sampling confirmed that concentrations of gasoline-range petroleum hydrocarbons (GRPH), diesel-range petroleum hydrocarbons (DRPH), and BTEX exceeded MTCA Method A cleanup levels. A 2024 reassessment found concentrations below cleanup levels, and the site has received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Underground storage tanks were in operation at this public works yard as early as 1985 — and predecessor tanks were in use even before that — placing the facility squarely within the occurrence-based CGL policy era. The petroleum contamination documented in groundwater during the 1994 closure investigation traces to tank operations that began before the 1986 pollution-exclusion shift. Historical carriers who wrote CGL policies covering the irrigation district's operations during that pre-1986 window may still bear obligations to recover the remediation costs incurred at this site.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.